Case 1803282/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803282/2021
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Representation
- Venue
- Leeds
Parties
2 namedClaimant
In person
Respondent
Key findings
Tribunal's reasoningThe Claimant worked for the Respondent as a general kitchen assistant and baker. She brought a claim on 18 June 2021 alleging that the Respondent had failed to pay the correct amount of holiday pay during March to September 2020, after ACAS early conciliation from 9 to 15 June 2021.
The Tribunal treated the preliminary issue as whether the claim was in time. It considered the claim both as a Working Time Regulations holiday pay claim and, in the Claimant's favour for limitation purposes, as an alleged series of unauthorised deductions from wages ending at the end of September 2020. Because ACAS was not contacted until 9 June 2021, early conciliation did not extend the basic time limit, and the claim should have been presented by the end of December 2020.
The Tribunal found that the Claimant believed from September and October 2020 that her holiday pay may not have been correct, but did not take steps to find out about or enforce her rights until June 2021, after learning that others had received payments. It did not accept that it was not reasonably practicable for her to present the claim in time, and dismissed the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claim alleged underpayment of holiday pay. The Tribunal considered the time limit both as a Working Time Regulations claim for holiday pay and as an unauthorised deduction from wages claim, and dismissed it as out of time. | Dismissed | — | — |
Legal tests applied
8 references- Regulation 16(1) Working Time Regulations 1998
- Regulation 30(2)(a) Working Time Regulations 1998
- Regulation 30(2)(b) Working Time Regulations 1998
- Section 23(3) Employment Rights Act 1996
- Section 23(4) Employment Rights Act 1996
- Regulation 30B Working Time Regulations 1998
- Section 207B Employment Rights Act 1996
- not reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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